Riding in the sun on the Gilera

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StevenM
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Re: Riding in the sun on the Gilera

Post by StevenM »

Earl wrote:I took my Mana over the ton on I think.
Just over a ton on a 839cc, wuss, I got that on a 499cc tmax. :kiss:

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Re: Riding in the sun on the Gilera

Post by Earl »

StevenM wrote:
Earl wrote:I took my Mana over the ton on I think.
Just over a ton on a 839cc, wuss, I got that on a 499cc tmax. :kiss:
Ah but that was 100 yards from the junction I wanted, was still doing 80 up the slip road lol :shock:
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Re: Riding in the sun on the Gilera

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Data wrote:They allow you 30mph plus 10% plus 2mph which is 35mph.
Beg to differ mate, but I got done for 34 last year, and it cost me £81. (Edit:£162, I forgot about the voluntary enrolment that I had already paid).

I also checked on allowances, and, legally speaking there are none.
A true 31mph is enough, on paper, to secure a conviction.

The 10% that gets bandied around is purely an arbitrary figure that most Plods uses in their own head on the day, but there is no legal requirement for them to keep their little black notey books in their pockets if they so desire, (and they have the evidence).

Whether it would stick would depend on how honest you are when the paperwork comes through I guess, and I suspect that if you decided to push for trial by jury, it would be dropped like a hot potato, but that's more of a financial and political decision than a legal one. Most of us will pay a bit to save the hassle.
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Data
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Re: Riding in the sun on the Gilera

Post by Data »

Hi Spike, to be clear I am talking about cameras' catching you not traffic cars when I talked about actual limits applied by the police. Traffic cars are legally a completely different cup of tea when you talk about them stopping you for speeding. Different rules can apply. But there is a requirement, legal or otherwise, for any force to allow at least 10% above the legal speed limit for the road you are on before commencing prosecution for speeding. This is to allow for the upto 10% inaccuracies of your speedo. If your speedo is showing 30mph but your actual speed is 33mph as recorded by a camera, you are deemed not to be speeding. However, there are often other allowances too. Suffolk will allow an additional allowance over and above that 10%. At the time of my sisters prosecution it was 2mph for 30mph. This is largely to allow for other inaccurancies in the measurement process. So that gives 35mph. 10% = 3mph + 2mph = 5mph + 30mph =35mph. 35mph is ok. You don't get prosecuted until at least 36mph is calculated by the camera (bear in mind it's Suffolk we are talking about and it may vary in other parts of the country). At least that's as it was explained to my lil sis on her speed awareness course. Some forces may offer more or less additional allowance/s, but they must make some allowance because speed measuring equipment is inaccurate. The allowance will vary according to the actual speed limit. I've never ever been prosecuted for speeding so it was a bit of a revelation. :o
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Re: Riding in the sun on the Gilera

Post by MrGrumpy »

Data wrote:Hi Spike, to be clear I am talking about cameras' catching you not traffic cars when I talked about actual limits applied by the police. Traffic cars are legally a completely different cup of tea when you talk about them stopping you for speeding. Different rules can apply. But there is a requirement, legal or otherwise, for any force to allow at least 10% above the legal speed limit for the road you are on before commencing prosecution for speeding.
Not sure about that - I've read that the Police quite entitled to prosecute you for doing 30.1mph in a 30 limit - however, the guidelines adopted by most forces are that they will normally only prosecute for +10% + 2mph.

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Re: Riding in the sun on the Gilera

Post by Data »

MrGrumpy wrote: Not sure about that - I've read that the Police quite entitled to prosecute you for doing 30.1mph in a 30 limit - however, the guidelines adopted by most forces are that they will normally only prosecute for +10% + 2mph.
Yes, you are right Grumpy. That is actually what they do. But we are talking about the triggering mechanism for that prosecution. For example, no one has ever been prosecuted for doing 31mph, 32, or 33mph in a 30mph limit as it doesn't trigger the process. It wouldn't be fair if it did. So, there are no records in any court in the land that shows a prosecution for doing those speeds in a 30 limit. But there are thousands who have of course been prosecuted for doing 36mph +. And the fine they get is for doing 6mph over the limit, not just 1mph over 35mph. So they get prosecuted for all of the offence.The law allows for errors on the part of the speedo, driver and police measuring equipment and these are the limits we mention above. The limits are enshrined in the Police Code of Practice for Operating Speed Detecting Equipment and are admissable in law. So it's law just like the Highway Code which is of course, also admissable in law. Now being stopped for speeding by a patrol car, that can be quite different...but some similar principles apply about the actual leeway they give you regarding the triggering process for prosecution. Usually, you won't get done for purely speeding if it's a patrol car that's stopped you, unless that is your speed is simply silly numbers. Following patrol cars normally can only indicate to the court your actual speed range above a limit. Detecting the actual speed for legal purposes from a following patrol car is difficult even with vascar and gps. Different of course if they vascar or radar you from the roadside.
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Re: Riding in the sun on the Gilera

Post by Earl »

There's a stretch of road around here that goes from 60mph to 40mph for 200yards due to traffic lights then back to 60, I was pulled for doing 60 through the lights but was let off with a bit of a caution and a chat about leaving my 3 year old daughter fatherless, I think alot of the time if you are pulled over by the police it is down to their discretion if they book you, basically if they are in a good mood or not lol.
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Re: Riding in the sun on the Gilera

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Also get a better response if you treat them like a human being, after all they are doing their job, like it or not the world is a better place for having them.

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Re: Riding in the sun on the Gilera

Post by SpikeOne »

Sorry Data, you may be right about local policies allowing the triggering mechanism at higher figures in some areas, but the fact remains that I was done at 34 mph, so your legal minimum of 35 can't be right. Unless, of course it was more than that and they subsequently put down a lower figure on the paperwork, but I can't believe for one minute that that would happen. It wouldn't be in their interest.
The only reason that I can think of that this might happen is a situation where they knew I was goign too fast, but couldn't accurately ascertain what the true figure was and just made something up. Again this would be risky....
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Re: Riding in the sun on the Gilera

Post by Earl »

Deeping wrote:Also get a better response if you treat them like a human being, after all they are doing their job, like it or not the world is a better place for having them.

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Just be careful how many times you call them 'Sir' though I find 7 or 8 to be the limit before they think you're taking the urine lol
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